The League of Nations and Its Problems: Three LecturesOppenheim, L. (Lassa)
History
The League of Nations and Its Problems: Three Lectures
Oppenheim, L. (Lassa)
League of Nations
XI. Details of a scheme which recommends itself for the
establishment of International Councils of Conciliation.
XII. The question of disarmament.
XIII. The assertion that States renounce their sovereignty by
entering into the League.
XIV. Conclusion: Can it be expected that, in case of a great
conflict of interests, all the members of the League will faithfully
carry out their engagements?
THE LECTURE
I. My last lecture dealt with the organisation of a League of Nations
and International Legislation by the League. To-day I want to draw your
attention to International Administration of Justice and International
Mediation within the League.
I begin with International Administration of Justice which, of course,
is a question of International Courts of Justice. Hitherto, although
International Legislation has been to some extent in existence, no
International Courts have been established before which States in
dispute have been compelled to appear. Now there is no doubt that
International Legislation loses in value if there are no arrangements
for International Administration of Justice by independent and permanent
International Courts. Yet it is incorrect to assert, although it is
frequently done, that one may not speak of legislation and a law created
by legislation without the existence of Courts to administer such law.
Why is this assertion incorrect? Because the function of Courts is to
decide _controversial_ questions of law or of fact in case the
respective parties cannot agree concerning them. However, in most cases
the law is not in jeopardy, and its commands are carried out by those
concerned without any necessity for a Court to declare the law. Modern
International Law has been in existence for several hundred years, and
its commands have in most cases been complied with in the absence of
International Courts. On the other hand, there is no doubt that, if
controversies arise about a question of law or a question of fact, the
authority of the law can be successfully vindicated only by the verdict
of a Court. And it is for this reason that no highly developed Community
can exist for long without Courts of Justice.
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